QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO
COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

Final report on the situation of human rights in Afghanistan
submitted by the Special Rapporteur, Mr. Felix Ermacora, in accordance
with Commission on Human Rights resolution 1994/84

Introduction

1. The Special Rapporteur was first appointed to examine the
human rights situation in Afghanistan in 1984 by the Chairman
of the Commission on Human Rights, who had been requested to do
so by the Economic and Social Council in its resolution 1984/37
of 24 May 1984. Since then, his mandate has been renewed regularly
by the Commission, in resolutions endorsed by the Economic and
Social Council, in which the Special Rapporteur was requested
to report to the Commission on Human Rights and to the General
Assembly. So far, he has submitted 10 reports to the Commission
(E/CN.4/1985/21, E/CN.4/1986/24, E/CN.4/1987/22, E/CN.4/1988/25,
E/CN.4/1989/24, E/CN.4/1990/25, E/CN.4/1991/31 E/CN.4/1992/33,
E/CN.4/1993/42 and E/CN.4/1994/53) and 10 to the General Assembly
(A/40/843, A/41/778, A/42/667 and Corr.1, A/43/742, A/44/669,
A/45/664, A/46/606, A/47/656, A/48/584 and A/49/650).

2. At its fiftieth session, the Commission on Human Rights
decided, in its resolution 1994/84 of 9 March 1994, to extend
the mandate of the Special Rapporteur for one year, an extension
which was confirmed by the Economic and Social Council in its
decision 1994/268 of 25 July 1994. The Special Rapporteur submitted
an interim report (A/49/650) to the General Assembly at its forty-ninth
session containing preliminary conclusions and recommendations.
The General Assembly took note with appreciation of the report
in its resolution 49/207, adopted without a vote on 23 December
1994, in which it decided to keep under consideration during its
fiftieth session the situation of human rights in Afghanistan,
in the light of additional elements provided by the Commission
on Human Rights and the Economic and Social Council.

3. Subsequent to the renewal of his mandate by the Commission
on Human Rights at its fiftieth session, and in accordance with
past practice, the Special Rapporteur again visited the area in
order to obtain the most broadly-based information possible. He
visited Pakistan on 11, 12, 16 and 17 September 1994 and Afghanistan
from 13 to 15 and on 18 September 1994. His findings are reflected
in the interim report to the General Assembly (A/49/650). The
Special Rapporteur once again visited Pakistan on 16 and 17 December
1994 and Afghanistan from 18 to 22 December 1994, with a view
to gathering up-to-date information for the purposes of the present
report. In addition, he also held consultations relating to his
mandate in Europe and the United States of America in the course
of 1994.

4. During his visit to Pakistan in December 1994, the Special
Rapporteur met in Islamabad with the representatives of the United
Nations Office for the Coordination of Humanitarian Assistance
to Afghanistan (UNOCHA), of the United Nations Development Programme
(UNDP), of the World Food Programme (WFP), of the United Nations
International Drug Control Programme (UNDCP) and of the Office
of the United Nations High Commissioner for Refugees (UNHCR).
While in Islamabad, the Special Rapporteur also had talks with
Mr. Rasul Amin, the Director of the Writers Union of Free Afghanistan
(WUFA), with representatives of the Revolutionary Association
of the Women of Afghanistan (RAWA) and with private individuals.

5. In the North West Frontier Province, the Special Rapporteur
met in Peshawar with representatives of organizations concerned
with human rights and humanitarian affairs and with private individuals.
He met with Mr. K. Majboor and Mr. Sarwar Hussaini, the Executive
Director and Programme Manager of the Cooperation Centre for Afghanistan
(CCA); with Mrs. Fathana Gailani and other members of the Afghan
Women's Council; with Mr. Naim Majrooh and other representatives
of the Afghan Information Centre; and with four representatives
of the Afghan Professors' Association. While in Peshawar, the
Special Rapporteur also visited a mother and child clinic and
a girls' school located in the Hayatabad neighbourhood of that
city which provide services to members of the Afghan refugee community.

6. In order to gain comprehensive insight into the situation
of human rights in Afghanistan, during his mission to the area
in December 1994 the Special Rapporteur decided to visit cities
in Afghanistan which he had not visited or had been unable to
visit in September 1994. It should be recalled that in September
1994, the Special Rapporteur visited Mazar-i-Sharif in Balkh Province,
Herat in Herat Province, Jalalabad and its environs in Nangarhar
Province, and Kandahar City in Kandahar Province.

7. The Special Rapporteur went to four cities during his visit
to Afghanistan in December 1994. In view of the change of government
which had taken place in Kandahar Province in November 1994, the
Special Rapporteur decided to visit once again Kandahar City where
he met with the Governor and other representatives of the new
authorities of Kandahar Province. He also met with the head of
the judiciary, Maulavi Sayed Mohammad Paksami, and visited a prison.

8. The Special Rapporteur visited Bamyan Province where he
met with representatives of the Islamic Shura (Council) on which
all major Afghan political parties are represented. In addition,
he met separately with representatives of the Harakat Islami,
of the Wahadat and of the Jamiat Islami political parties.

9. The Special Rapporteur visited Badakhshan Province where
he met in Faizabad with the Governor, the Deputy Governor, the
mayor of Faizabad and other representatives of the authorities
of Badakhshan Province. In addition, he visited the Faizabad prison.

10. The Special Rapporteur was able to visit Kabul, the capital
of Afghanistan, for the first time since September 1993. He had
been unable to visit the city prior to submitting a report to
the Commission on Human Rights at its fiftieth session, owing
to the heavy fighting which broke out in Kabul on 1 January 1994,
or subsequently, owing to the prevailing security situation in
September 1994. The Special Rapporteur was received, in accordance
with the programme established in consultation with the Afghan
authorities, by the President of Afghanistan, Mr. Burhanuddin
Rabbani, and by the Minister of State for Foreign Affairs, Mr.
Najibullah Lafraie. He also met with the Attorney-General and
the Minister of the Interior and was able to visit a prison in
the centre of the city. In addition, the Special Rapporteur visited
the Kabul Museum, as well as the Microrayon and other areas of
the city which have suffered extensive destruction. While in Kabul,
the Special Rapporteur also met with Mr. Faizullah Jalal, Secretary-General
of the National Commission for Human Rights of Afghanistan, Professor
Amir Hassanyar, Chancellor of Kabul University, and numerous other
members of the National Commission for Human Rights of Afghanistan.
He also had meetings with representatives of humanitarian and
other organizations, as well as with private individuals.

11. The Special Rapporteur wishes once again to express his
sincere gratitude to the governmental authorities of Afghanistan
and Pakistan and the provincial authorities in Kandahar, Bamyan
and Badakhshan for the valuable assistance and full cooperation
which they extended to him. In this respect, he once again wishes
to express his deep appreciation to the Personal Representative
of the Secretary-General in Afghanistan and Pakistan, UNOCHA,
the Office of the Secretary-General in Afghanistan and Pakistan
(OSGAP) and UNDP for the most efficient logistical and other assistance
which they extended to him in the field and without which these
visits could not have been possible. The Special Rapporteur also
wishes to thank UNHCR for its kind assistance both at headquarters
and in the field.

12. For the purpose of drafting this eleventh report to the
Commission on Human Rights on the situation of human rights in
Afghanistan in the most impartial and objective manner possible,
in addition to gathering information during the visits to Pakistan
and Afghanistan, throughout the period under review the Special
Rapporteur followed the events in the area reported in the national
and international press and studied with keen interest and systematically
evaluated the abundant written and oral information relevant to
his mandate received from individuals and organizations. He has
also consulted various reports prepared by United Nations bodies
and specialized agencies, in particular those prepared by UNOCHA.
In the exercise of his mandate, the Special Rapporteur has also
taken into account the information provided by non-governmental
and other organizations which deal with the human rights and humanitarian
aspects of the Afghan issue, such as the International Committee
of the Red Cross, Amnesty International, the International League
for Human Rights and the Swedish Committee for Afghanistan.

13. Chapter I of the present report contains an outline of
the political developments in Afghanistan since the submission
of the previous report. Chapter II describes the situation of
human rights in Afghanistan, including that of refugees and displaced
persons, the problem of amnesty, the situation of the Kabul Museum,
narcotics, the enjoyment of economic rights, educational problems
and the issue of self-determination. Chapter III contains the
conclusions and recommendations which the Special Rapporteur has
drawn from the analysis of the available information.

I. OUTLINE OF THE POLITICAL DEVELOPMENTS IN AFGHANISTAN
SINCE THE SUBMISSION OF THE PREVIOUS REPORT

14. In his interim report on the situation of human rights
in Afghanistan (A/49/650), submitted to the General Assembly on
8 November 1994, the Special Rapporteur described in paragraphs
15 to 23 the political developments which had taken place in the
country since heavy fighting broke out on 1 January 1994 between
the forces of former Prime Minister Gulbuddin Hekmatyar and those
allied with President Burhanuddin Rabbani. He also described the
efforts of the United Nations special mission towards the restoration
of peace, normalcy and national rapprochement in Afghanistan headed
by Mr. Mahmoud Mestiri of Tunisia which was established under
General Assembly resolution 48/208.

15. The efforts of the United Nations special mission to Afghanistan
are described in its progress report to the Secretary-General
of 1 July 1994 (A/49/208-S/1994/766) and the subsequent report
of the Secretary-General to the General Assembly at its forty-ninth
session entitled "Strengthening of the coordination of humanitarian
and disaster relief assistance of the United Nations, including
special economic assistance: Emergency international assistance
for peace, normalcy and reconstruction of war-stricken Afghanistan"
(A/49/688).

16. From 29 September to 17 October 1994, Mr. Mestiri, the
Head of the special mission to Afghanistan, convened at Quetta
a meeting of independent Afghan personalities, including intellectuals,
religious leaders, former ministers, commanders and others inside
and outside Afghanistan, for the purpose of advising the United
Nations on how to help bring peace to Afghanistan. This advisory
group established three subcommittees: political, cease-fire and
security.

17. Another important event took place at the beginning of
November 1994 when a group, reportedly composed of students of
religion (Taliban) took power in Kandahar Province which was previously
governed by Mr. Gul Agha, the Governor, Maulavi Naqibullah Akhondzada
and Commander Niaz Mohammad Lalai. At the end of November, the
Taliban took control of Lashkargah, the capital of Helmand Province,
an area which is considered as one of the principal producers
of opium in the world. The group, which appears to be a national
movement, subsequently advanced to Zabul Province, reportedly
on its way to Herat. The representatives of the Taliban informed
the Special Rapporteur that they intended to create a national
army, collect weapons and fight corruption and anarchy. The new
authorities of Kandahar stated that the takeover had taken place
without giving rise to a large number of casualties. The Special
Rapporteur met with the members of the new Taliban Shura (Council),
as well as with the head of the judiciary, Maulavi Sayed Mohammad
Paksami. At this juncture, reference must be made to the fact
that the human rights officer of the Centre for Human Rights and
the official United Nations interpreter who accompanied the Special
Rapporteur during his mission to Afghanistan and Pakistan, both
of whom are women and who have extensive and long-standing experience
concerning his mandate, were not permitted by the Taliban to accompany
the Special Rapporteur during his visit to Kandahar.

18. The new authorities of Kandahar Province informed the Special
Rapporteur that they had taken power not only in Kandahar but
also in four neighbouring provinces, Helmand, Zabul, Ghazni and
Farah, and that Paktia and Paktika Provinces had also surrendered
to their authority. Numerous field commanders are also said to
have surrendered to this movement. The majority of Taliban reportedly
belong to the Hezbe Islami (Khalis) political party. The objectives
of the new authorities in Kandahar are the same as those of the
Taliban: to collect weapons in provinces under their control and
to attempt to guarantee security on the main roads, especially
along the highway between Chaman (Baluchistan Province, Pakistan)
and Kandahar.

19. It should be noted that the envisaged expiry of the President's
term of office, which, according to the decisions taken at the
Herat gathering convened in July 1994 (see A/49/650, paras. 19
and 21), should have taken place at the end of October 1994 or,
alternatively, on 28 December 1994, did not occur. This is one
of the principal factors of the violent power struggle in the
country.

II. SITUATION OF HUMAN RIGHTS IN AFGHANISTAN

20. As the Special Rapporteur has mentioned on several occasions,
the respect of human rights depends on the existence of an effective
government which can guarantee the enjoyment of human rights and
which is able to protect any individual in the country against
the infringement of his or her human rights by whomever it may
be. The respect of human rights enshrined in the international
instruments to which Afghanistan is a party must not only be guaranteed
by the Government and its agencies. Article 2, paragraph 3 of
the International Covenant on Civil and Political Rights reads
as follows:

"3. Each State Party to the present Covenant undertakes:

(a) To ensure that any person whose rights or freedoms
as herein recognized are violated shall have an effective remedy,
notwithstanding that the violation has been committed by persons
acting in an official capacity;

(b) To ensure that any person claiming such a remedy shall
have his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop
the possibilities of judicial remedy;

(c) To ensure that the competent authorities shall enforce
such remedies when granted."

This means that the State must not only refrain from committing
human rights violations but that it should also prevent the violation
of human rights and provide remedies for alleged human rights
violations. Therefore, the structure and organization of the State
must correspond to the cited requirements.

21. Not only are the State authorities in Afghanistan unable
to guarantee the uniform enjoyment of human rights throughout
the country but, to the extent that State power exists, human
rights are interpreted and applied in a different manner in different
parts of the country. Although the Special Rapporteur was informed
that the tenets of the Koran correspond to the human rights requirements
enshrined in international human rights instruments, he has the
impression that the relevant provisions of the Koran are interpreted
differently in different regions owing to local customs.

22. Since submitting his report to the Commission on Human
Rights at its previous session, the Special Rapporteur has continued
to study the situation of basic human rights - the right to life,
the right to personal freedom and security, the rights of women,
the right to education, as well as economic, social and cultural
rights - in different provinces and regions of Afghanistan.

23. In his interim report to the General Assembly (A/49/650),
the Special Rapporteur described the situation concerning basic
human rights issues in different parts of the country. Prior to
submitting his report to the General Assembly, he had visited
Mazar-i-Sharif in Balkh Province, Herat in Herat Province, Jalalabad
and its environs in Nangarhar Province and Kandahar City in Kandahar
Province. During his visit to Afghanistan prior to the submission
of the present report, in addition to the situation of human rights
in Kabul, the Special Rapporteur studied the situation of human
rights in the Bamyan and Badakhshan Provinces and once again visited
Kandahar Province.

24. The situation of human rights is different in each of the
above-mentioned provinces. The Special Rapporteur was able to
visit prisons and to discuss with the authorities the situation
regarding specific human rights, as well as the judicial system.
In some provinces, the seeking of judicial remedies could go all
the way to Kabul while in others the provincial courts would take
the final decision. Among the provinces which the Special Rapporteur
visited, Kabul constitutes a special case.

25. The situation of human rights in Bamyan Province appears
to be satisfactory. The Special Rapporteur was informed that peace
and security prevailed throughout the province. The government
in Bamyan Province is decentralized inasmuch as each political
party in the province has its own shura (council) which delegates
persons to the Islamic Shura (Council) on which all the political
parties are represented and which governs the province. The party
shuras have similar competences as those of the Islamic Shura.
The president of the Islamic Shura is selected every three months
from one of the parties, on a rotating basis. The Special Rapporteur
was informed that a mass grave was discovered in the vicinity
of the Bamyan airfield in 1989.

26. The Special Rapporteur was informed that the judicial system
in Bamyan Province had three instances, the highest of which is
a judicial commission, which in itself is not a court. It is composed
of religious scholars and judges from different parties whose
number depends on the complexity of a given case. The judicial
system in the province is decentralized to the extent that political
parties also appear to exercise judicial competences before referring
a case to the judicial commission. The Special Rapporteur was
informed that although a case could be appealed in Kabul, this
was not possible at present owing to the prevailing situation.

27. A number of important conditions required for the enjoyment
of social and economic rights were lacking in Bamyan province.
Water was cited as one of the problems in a province which is
mainly agricultural. The Special Rapporteur was informed that
the educational system had almost come to a standstill. A large
number of schools were closed and the reconstruction of most school
buildings was required. In addition, there were no media such
as newspapers, radio and television. The Special Rapporteur's
attention was drawn in particular to the situation regarding health.
He was informed that there were no medical specialists in the
province, which was in serious need of assistance in the medical
field. The problem of health is further compounded during the
winter months when the province is virtually cut off from the
rest of the country by heavy snowfall.

28. During his visit to Bamyan, the Special Rapporteur met
with the representatives of the shuras (councils) of three political
parties. All of his interlocutors emphasized that the peace and
security prevailing in the province stemmed from the fact that
the people of Bamyan had always been united, now as well as during
the struggle against the occupation forces and the former regime,
regardless of their ethnic origin or the party to which they belonged.

29. The situation of human rights in Badakhshan Province also
appears to be satisfactory. The representatives of the provincial
government, the majority of whom belong to the Jamiat Islami political
party, informed the Special Rapporteur that law and order prevailed
throughout the province and that human rights were guaranteed.
He was informed that the province had a fully functioning administrative
structure which employed both men and women and which operated
within the larger framework of the Islamic Government of Afghanistan.
Freedom of opinion and expression was guaranteed by a free press,
and a local television and radio station, as well as newspapers,
existed. The Special Rapporteur was informed that there were no
political prisoners and that amnesty had been applied. The judicial
system has three instances: a primary court at the district level,
the court of appeal and the High Court in Kabul.

30. The Special Rapporteur was informed that the economic and
social situation in Badakhshan was affected by insufficient electricity,
the absence of an appropriate road infrastructure and insufficient
employment opportunities. Although the United Nations had carried
out de-mining operations, a certain number of mines are said to
remain on agricultural land. Some 2,000 families were displaced
within the province as a result of flooding. The representatives
of the authorities stated that the health situation was characterized
by a lack of clean drinking water and insufficient medical supplies.
Cases of malnutrition were also reported.

31. While in Faizabad, the Special Rapporteur was informed
that around 2.30 a.m. on 20 December 1994 unidentified jet planes
bombed Robabi village in the Baharak district near Faizabad where
Tajik refugees had settled. The bombing raid reportedly gave rise
to a number of casualties.

32. Kabul has now become the most destroyed city in Afghanistan.
The Special Rapporteur saw once again the extent of the destruction
of the Afghan capital, which is much greater than when he last
visited the city in September 1993. It goes without saying that
the right to life is not guaranteed, especially since 1 January
1994 when fighting broke out in Kabul, accompanied by intensive
rocketing and shelling. It is estimated that some 8,000 persons
have been killed and more than 80,000 wounded since that date.
The situation regarding personal liberty and security has continued
to drive very large numbers of persons away from the city. The
adverse effects of the fighting were compounded by the use of
food as a strategic weapon, resulting in the denial of access
for several months by the forces allied with former Prime Minister
Hekmatyar to emergency humanitarian assistance provided by the
international community for the survival of the most vulnerable
population groups. It is estimated that the fate of some 20 per
cent of the inhabitants is linked to the fate of the city since
they do not have the means to leave it and seek shelter elsewhere.
Kabul has been described as the biggest humanitarian emergency
in the country. The Special Rapporteur was informed about a survey
of 1,200 children in the city which showed that 2 per cent suffered
from severe malnutrition while 30 to 40 per cent were moderately
malnourished. Humanitarian problems in Afghanistan today were
said to be more severe than was the case one year ago.

33. The Special Rapporteur would also like to mention the problem
of torture and the situation of women. A news release issued by
Amnesty International on 15 December 1994 contains a particularly
dramatic report about the situation of human rights in Kabul,
stating, inter alia, that:

"Members of armed political groups reportedly continue
to enter civilian houses in Kabul and other parts of the country
killing male members of the family who resist their entry. They
confiscate property and then subject women and children to prolonged
beatings and rape. ...

It should be noted, however, that in the course of 1994, the
International Committee of the Red Cross (ICRC) gained increased
access to prisons and detention centres run by different parties.
The Special Rapporteur was informed that numerous prisons existed
throughout Kabul in privately owned homes. On the other hand,
during his visit to Kabul, the Special Rapporteur was able to
observe that the majority of the checkpoints which used to exist
in the centre of the city, particularly in the area of Shahrinau,
have disappeared. The presence of uniformed policemen gives the
impression that law and order now prevails in certain parts of
the city.

34. On 21 December 1994, the Embassy of Afghanistan in Islamabad
issued a press release in which it contested the Special Rapporteur's
allegations concerning torture and rape and indicated that efforts
were being made by the Afghan authorities to restore law and order.
In his reports, the Special Rapporteur has not accused the Government
of committing such acts but has stated that it was unable to prevent
them. Nevertheless, the Special Rapporteur has received information
relating to incidents which took place in a notorious police directorate
in Kabul, as well as information concerning arbitrary detention
in the Panjshir Valley, to which he has not had access.

35. The Special Rapporteur was informed about the situation
of women in Kabul since 1992 by women who have become refugees
or internally displaced persons after that date. He was informed
about an incident which occurred in the Garga neighbourhood in
the north-western part of Kabul where more than 80 women who had
been subjected to torture and rape were found in a room underground.
The Special Rapporteur was shown the photograph of a mother of
four who was raped and whose body was found on 22 May 1994 on
the outskirts of Kabul. In addition, he was informed that women
received threatening letters urging them not to leave their homes
and to wear the veil. The Special Rapporteur was informed that
letters with the same content were also sent to Afghan women who
had taken refuge in Pakistan. He was informed that the situation
of unmarried women who had to work for a living was particularly
precarious under these circumstances.

36. In paragraph 17 above, the Special Rapporteur mentioned
the attitude towards women of the members of the Taliban movement
which took power in Kandahar and a number of other provinces in
November 1994. On the eve of his visit to Kandahar, the new authorities
proclaimed that women were barred from all employment. In a concomitant
development, the authorities of Nangarhar Province announced that
women could only remain employed in the educational sector and
as nurses. On the other hand, the Special Rapporteur was told
in Bamyan Province that there were only two types of occupation
that women could not have in that province, that of mujtahed (a
figure to be followed in Islam) and judge; all other professions
were open to them.

A. The situation of refugees and displaced persons

37. At present, there are some 1.2 million Afghan refugees
in Pakistan. Approximately 1.7 million Afghan refugees continue
to reside in the Islamic Republic of Iran, some 450,000 of them
in Khorasan Province. The policy of the host countries towards
these refugees is undergoing change. A very large percentage of
Afghans who have returned from Iran were reportedly forced directly
to do so or decided to return in coercive circumstances. The Iranian
authorities have made statements indicating that in March 1995
they will step up measures to encourage Afghan refugees to return,
similar to those undertaken under the regularization campaign
in 1994. The policy of Pakistan concerning Afghan refugees has
also altered. In addition to stricter visa requirements and formalities
at the border, a change in attitude towards Afghan refugees has
been reported, in particular on the part of the Pakistani police.
Afghan refugees are said to have come under considerable pressure,
especially since October 1994. The control of their identity papers
has reportedly become more stringent and numerous persons are
said to have been asked for money, even if they were in possession
of the required documents. The Special Rapporteur also heard allegations
concerning bribery and the arbitrary incarceration of Afghan refugees
who were unable to pay. Some have reportedly remained in jail
until their families have managed to collect the money required
to free them. The Special Rapporteur was informed in particular
about an incident which took place in the Bord neighbourhood of
Peshawar where a large number of Afghans had rented land and set
up shops. The shops were reportedly cleared into the nearby river
by bulldozers. A number of customers are said to have been swept
into the river together with the shopkeepers. The Special Rapporteur
did not have the opportunity to conduct an in-depth investigation
of the incident.

38. The Special Rapporteur's attention was drawn in particular
to the precarious situation of Afghan intellectuals who are refugees.
They are often compelled to make a living in professions which
have nothing to do with their level of education and a number
of them have reportedly been harassed by the police. In addition,
the funding of schools and clinics which provide services to the
Afghan refugee community in Pakistan is reported to have declined
sharply and a number of them have had to be closed.

39. It is estimated that approximately 500,000 persons from
Kabul are currently displaced throughout the country. Some 450,000
live in the area of Jalalabad, in Nangarhar Province, while 50,000
have gone to other parts of the country. In addition, it is estimated
that some 10,000 families are displaced in private homes within
the city. The flow of displaced persons from Kabul has resulted
in the creation of a fifth camp in Jalalabad, the New Hadda Camp,
at the beginning of October 1994. The Special Rapporteur was informed
that an average of 70 families or approximately 500 persons arrived
per day, which amounts to some 15,000 in one month. They are receiving
assistance from the Afghan authorities, as well as from United
Nations agencies and non-governmental organizations.

B. The problem of amnesty

40. In the press release it issued on 21 December 1994, the
Afghan Government reiterated what the Special Rapporteur has never
denied, namely that in the very first days after the establishment
of the Islamic Government, a general amnesty was announced for
the officials of the previous regime and that the Islamic Government
was still committed to it. However, the amnesty was not extended
to the former President of the country, Mr. Najibullah. Although
the Secretary-General of the United Nations wrote recently to
President Rabbani about this question, the amnesty decree has
still not been applied to Mr. Najibullah. The Special Rapporteur
raised the problem of amnesty concerning former President Najibullah
during his recent meeting with President Rabbani. Mr. Rabbani
indicated that a large national assembly, the Shura-Ahl-e-Hal
Wa Aqd (council for the solving of problems and making of agreements),
had pronounced itself with regard to Mr. Najibullah. He stated
that only another shura (council) of this type could take a decision
on the matter.

C. The situation of the Kabul Museum

41. The Special Rapporteur already referred to the situation
of the Kabul Museum in his report to the General Assembly at its
forty-ninth session (A/49/650). In an article entitled "The
plight of Afghanistan's cultural heritage (The case of the museum
in Kabul)" which appeared in the September-October 1994 issue
of The WUFA, a publication of the Writers Union of Free Afghanistan,
Mrs. Nancy Hatch Dupree described Afghanistan's national museum
as one of the world's most opulent cultural depositories. Mrs.
Dupree gives an account of the museum's history and describes
the destruction it has undergone since May 1993 to April 1994
when she last visited it. The Special Rapporteur was able to visit
the museum on 22 December 1994 in the company of one of its staff
members. The Special Rapporteur, who had previously visited the
museum in 1989, was shocked to see the extent of the destruction
which it had undergone and to hear about the acts of vandalism
and looting concerning its artifacts.

D. Narcotics

42. Afghanistan has become one of the world's largest producers
of narcotics, which are reported to be grown on prime agricultural
land. Owing to the general security situation prevailing in the
country, little control can be exercised over the production of
opium, said to be on the rise, which is subsequently transported
beyond the borders of Afghanistan. The United Nations International
Drug Control Programme (UNDCP) and non-governmental organizations
are carrying out a number of activities in this field.

E. Economic rights

43. The reports prepared by UNOCHA and UNDP provide good insight
into the real economic situation of Afghanistan. In paragraphs
27 and 30 above, the Special Rapporteur described the situation
regarding economic and social rights in Bamyan and Badakhshan
Provinces, respectively. In paragraph 32, he described the situation
in Kabul. Besides the hardships caused by the fighting in the
city and the blockade which was imposed for several months, additional
problems arose from the further devaluation of the Afghan currency,
reported to be printed in India in extremely large quantities,
and the resulting rise in the rate of inflation.

F. Educational problems

44. The situation concerning education differs from province
to province. The Special Rapporteur indicated in paragraph 27
above that the educational system in Bamyan Province had almost
come to a standstill and that most school buildings needed reconstruction.
By contrast, the authorities of Badakhshan informed the Special
Rapporteur that since the Islamic Government took power, the province
has had a fully functioning educational system with some 54,000
students and some 3,000 teachers. The right to education has been
severely curtailed in Kabul, especially since intensive fighting
broke out in the city on 1 January 1994. More than a hundred university
professors have left the city and have become refugees. The Special
Rapporteur was informed that some faculties of Kabul University
had been able partly to resume their activities in Jalalabad.
During his visit to Kabul in December 1994, the Special Rapporteur
was able to observe persons displaced within the city as a result
of rocketing and shelling who had taken refuge in a school. Even
when educational facilities are not occupied, the security situation
makes it difficult to hold classes and exams. One professor told
the Special Rapporteur that several of his students had been killed
when a rocket hit the classroom where he was giving an examination.

G. Self-determination

45. The people of Afghanistan are denied the right to full
self-determination by the conflict which is being waged in the
country between the armed groups. Self-determination presupposes
the effective and equal enjoyment of human rights throughout the
country and the absence of direct or indirect foreign interference
in the affairs of Afghanistan. In addition to the political efforts
of the United Nations special mission to Afghanistan to implement
a comprehensive peace process in Afghanistan, it would appear
that each political group involved has its own idea about how
to arrive at reconciliation. The cessation of armed hostilities
and a ban on the use of weapons are the indispensable first step
on the way to reconciliation. If there is no cease-fire, the country
will remain in a vicious circle. The destruction of Kabul is the
best example of the consequences of the continuous power struggle.
A nation cannot achieve self-determination through armed struggle.
Hopeful signs that Afghan politicians had understood this aspect
of the problem of self-determination came from their recognition
of the role which the United Nations can play in this respect.
Unfortunately, no progress has been made with regard to the creation
of a national army and the drafting of an Islamic constitution.
Nevertheless, the Special Rapporteur was informed that a high-level
commission had begun work on the Constitution in connection with
the Herat gathering, convened in July 1994. This work was interrupted
with a view to avoiding a possible duplication of work in this
regard within the efforts made by the United Nations special mission
to Afghanistan.

III. CONCLUSIONS AND RECOMMENDATIONS

A. Conclusions

46. The human rights situation in Afghanistan continues to
be conditioned by the absence of an effective central government.
The situation varies from region to region and is principally
dependent on the type of government which exists in the different
areas, that is to say, whether it is a coalition government, a
one-party government or an oligarchy.

47. The situation of human rights in Afghanistan depends on
the intensity of the power struggle between the rival groups which
is still taking place in some provinces and is conducted without
due respect for international law and humanitarian law.

48. Kabul is the most prominent example of the widespread violations
of human rights which are still taking place. There is no respect
for the right to life, the right to own property or the dignity
of women and there is also an absence of enjoyment of economic
and social rights. The reasons for this lack of respect for human
rights reside in the instability of law and order. Checkpoints
have disappeared in the parts of Kabul under the authority of
the Government headed by President Rabbani, where a certain amount
of stability can be observed. Nevertheless, there have been reports
of acts of torture committed by uncontrollable elements.

49. Hundreds of secret places of detention continue to be in
operation throughout the country. This is particularly the case
in Kabul and in other areas under the control of the government.
In the course of 1994, ICRC gained increased access to prisons
and detention centres run by different parties. The Special Rapporteur
has not had access to this type of prison.

50. The judicial system in the country is not unified. It is
doubtful whether international standards concerning detention
are respected. The conditions in prisons which the Special Rapporteur
visited did not correspond to the Standard Minimum Rules for the
Treatment of Prisoners.

51. Owing to the situation of war in the country, the enjoyment
of economic, social and cultural rights can only be maintained
at a minimum level, in part thanks to the support of the international
community. The pledges of Member States for humanitarian assistance
can satisfy the needs only to a certain extent. The educational
system is virtually non-existent in a number of provinces. The
same is true of the health system, which is characterized by a
significant lack of medicines and medical equipment.

52. The basic rights of women are only partly respected.

53. In addition to more than 8,000 persons who are estimated
to have been killed in Kabul in the course of 1994, the number
of displaced persons from Kabul rose to 500,000. The assistance
provided by the international community to this group of persons
is not sufficient.

54. There are still some 1.2 million Afghan refugees in Pakistan
and 1.7 million in the Islamic Republic of Iran. The host countries
have begun to change their policy regarding Afghan refugees. Pakistan
and Iran used to have a very humane attitude towards refugees.
The current change of attitudes of these countries with regard
to Afghan refugees is related to their economic difficulties as
well as to a decrease in international assistance. It would appear
that international solidarity is taxed by the large number of
conflicts which are taking place in the world.

55. The conflict between the armed groups has deprived the
people of Afghanistan of the full exercise of their right to self-determination,
which presupposes the effective enjoyment of human rights throughout
the country. The United Nations special mission to Afghanistan
is making efforts to implement a comprehensive peace process in
Afghanistan which would require the cessation of armed hostilities
and a ban on the use of weapons. No progress has been made so
far with regard to the creation of a national army and the drafting
of an Islamic constitution.

B. Recommendations

56. In order for the reconciliation process to succeed, human
rights must be respected scrupulously.

57. States Parties to the International Covenant on Civil and
Political Rights should supervise the respect of human rights
in time of public emergency (art. 4 of the International Covenant
on Civil and Political Rights).

58. Prisons run by parties and various armed groups whose existence
is contrary to the proper administration of justice should be
visited by ICRC and the competent representatives of the United
Nations.

59. As long as there is no national army, the international
community should undertake efforts to collect all illegally held
weapons.

60. An Islamic constitution should be drafted. The assistance
of international experts may be requested in the elaboration of
such a draft.

61. A constitutional council should be established in order
to guarantee the respect of human rights.

62. After a cease-fire is achieved in Kabul, the international
community should be requested to assist in planning the reconstruction
of the parts of the city which have been destroyed.

63. The United Nations Educational, Scientific and Cultural
Organization (UNESCO) should be requested to contribute to the
reconstruction of the Kabul Museum.

64. UNESCO should contribute to the establishment or re-establishment
of the education system in the provinces, at least at the elementary
level.

65. The World Health Organization should be requested to provide
assistance in the field of health to Bamyan and Badakhshan Provinces.

66. The competent international agencies should be requested
to assist with the problem of malnutrition in children.

67. Countries where Afghan refugees still reside should treat
them in conformity with the 1988 Geneva Agreements on the Settlement
of the Situation relating to Afghanistan.

68. The Human Rights Committee should request the Government
of Afghanistan to submit its report under article 40 of the International
Covenant on Civil and Political Rights as soon as possible. The
Special Rapporteur should be invited to participate as an expert
during the consideration of the report.

69. The amnesty decree which was proclaimed by the Islamic
Government of Afghanistan in 1992 should be respected and applied
without any discrimination whatsoever.

70. The present report should be translated into the Dari and
Pashtu languages.